Meeting documents

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Items
No. Item

162.

Current Issues

Minutes:

There were no current issues.

163.

Declarations of Interest

Minutes:

Councillors I Darby and P Martin declared a personal interest under the Code being members of Buckinghamshire County Council.

164.

Implementation of a New Unitary District Council pdf icon PDF 80 KB

Decision:

Due to the requirement for any legal proceedings to be issued as a matter of urgency because the Regulations in question have already been laid in Parliament, an urgent decision was required by Cabinet to decide if the Council should institute legal proceedings. As required by the Budget and Policy Framework Procedure Rules the Chairman of the Resources Overview Committee agreed that the decision to be taken by Cabinet was urgent and it was not practical to convene a quorate meeting of full Council.

 

The report provided an update on the proposed creation of a new District Unitary Council, following Cabinet’s decision on 9 January 2019 not to consent to the Secretary of State’s proposed Modification Regulations under section 15 of the Cities and Local Government Devolution Act 2016. Cabinet were asked to consider whether it was expedient for the promotion or protection of the interests of the inhabitants of Chiltern District to institute legal proceedings for judicial review of the Secretary of State’s decisions in respect of the Modification Regulations and the Structural Changes Order, either alone or jointly with other District Councils which could be undertaken under section 222 of the Local Government Act 1972.

 

RESOLVED that:

 

1. Cabinet note the current position in respect of The Buckinghamshire (Structural Changes) (Modification of the Local Government and Public Involvement in Health Act 2007) Regulations 2019 and The Buckinghamshire (Structural Changes) Order 2019

2. the Council institutes proceedings for judicial review of decisions taken by the Secretary of State for Housing, Communities and Local Government in respect of the Regulations and Order referred to in 1 above, under section 222 of the Local Government Act 1972.

 

3.      the costs of any legal proceedings should be met from the General reserve in accordance with urgency provisions under the Budget and Policy Framework Procedure Rules.

 

4.      the Head of Legal and Democratic Services in consultation with Leader and Chief Executive be authorised to agree any necessary legal documentation required in the course of legal proceedings and to deal with any settlement, compromise or withdrawal of proceedings.

 

Minutes:

Due to the requirement for any legal proceedings to be issued as a matter of urgency because the Regulations in question had already been laid in Parliament, an urgent decision was required by Cabinet to decide if the Council should institute legal proceedings. As required by the Council’s Budget and Policy Framework Procedure Rules and Overview and Scrutiny Procedure Rules the Chairman of the Resources Overview Committee agreed that the decision to be taken by Cabinet was urgent and it was not practical to convene a quorate meeting of full Council, or for call in to apply, and it was impractical to provide 5 clear days’ notice in advance of the Cabinet decision and the required 28 day notice of the decision, as required under the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

 

The report provided an update on the proposed creation of a new Unitary District Council, following Cabinet’s decision on 9 January 2019 not to consent to the Secretary of State’s proposed Modification Regulations under section 15 of the Cities and Local Government Devolution Act 2016 and to seek legal advice. A letter confirming the Council did not consent to the making of the Modification Regulations was sent to the Secretary of State on 10 January. It was noted that all four District Councils had decided not to consent, and the County Council had agreed conditional consent.

 

Legal advice on the Structural Changes Order had been obtained from leading counsel jointly with Wycombe District Council. In view of counsel’s advice a letter was sent to the Secretary of State on 18 January as a preliminary step before legal proceedings. The letter expressed concerns about the legality of the decision to lay the Modification Regulations in Parliament based on the conditional consent given by the County Council and without also laying the draft Structural Changes Order, as well as concerns about the recent changes to the proposed governance arrangement for the shadow authority and the lack of reasons for making these changes. As the Regulations had already been laid in Parliament and the Secretary of State intended to make them before 31 March 2019, any legal proceedings, associated documents and legal steps would need to be issued/undertaken with the utmost urgency.

 

Cabinet were therefore asked to consider whether it was expedient for the promotion or protection of the interests of the inhabitants of Chiltern District to institute legal proceedings for judicial review of the Secretary of State’s decisions in respect of the Modification Regulations and the Structural Changes Order, either alone or jointly with other District Councils which could be undertaken under section 222 of the Local Government Act 1972.

 

The Cabinet resolved that under section 100 (A) (4) of the Local Government Act 1972 (as amended) the public be excluded from the meeting to enable Members to receive legal advice on the potential grounds for instituting proceedings (Paragraph 5) as defined in Part 1 of Schedule 12A of the Act.

 

After receiving legal  ...  view the full minutes text for item 164.